Philippines passes maritime laws, challenging China's sovereignty

A Chinese expert has said two new maritime laws in the Philippines, aimed at bolstering enforcement against foreign vessels in its claimed waters in the South China Sea, violate the United Nations Charter and key provisions of the United Nations Convention on the Law of the Sea (UNCLOS), and will intensify regional tensions.

The Philippine Archipelagic Sea Lanes (ASL) Act and companion measure the Philippine Maritime Zones Act were approved by Congress last month and signed into law by Philippine President Ferdinand R. Marcos Jr on Friday. The ASL act designates specific sea and air routes for foreign vessels and aircraft within archipelagic waters in the South China Sea, while the maritime zones act incorporates China's Huangyan Island and certain reefs and waters in the Nansha Islands into the Philippines' marine zones, infringing on China's territorial sovereignty in the South China Sea.

Ding Duo, deputy director and associate research fellow at the Research Center for Ocean Law and Policy, the National Institute for South China Sea Studies, told CGTN that the ASL law goes against Article 53 of the UNCLOS, which states that such lanes and air routes should cover all regular passages for international shipping and flights through the archipelago's waters and airspace.

"By excluding some of these key routes, the law not only harms other countries' rights to navigate and fly through these waters, but also disrupts established maritime practices," said Ding. In addition, the law ties the right of passage to the South China Sea territorial disputes by restricting the legitimate navigation rights of other countries' ships and planes, which also goes against UNCLOS, according to Ding.

The sea lanes and air routes the law designates are close to U.S. military bases in the Philippines, raising concerns that the Philippines and the U.S. could work together to monitor passing ships, which could pose a threat to the safe navigation of other countries, Ding added.

"The law exceeds the authority granted under international law and unlawfully restricts the legitimate rights of other countries, making it non-binding on China and other nations," said Ding.

He added that it can be anticipated that Chinese ships and aircraft, including commercial vessels, military ships and research vessels, will continue to operate freely and in accordance with international law in all normal passages.

The Philippine Maritime Zones Act uses the South China Sea arbitration ruling as one of the reasons for setting its maritime boundaries, claiming it as a basis for its rights over China's Huangyan Island and some reefs and waters in the Nansha Islands. However, China has consistently rejected the legitimacy and validity of the arbitration ruling.

On July 12, 2016, an arbitral tribunal adjudicating the South China Sea case issued its final award favoring the Philippines. But China rejected the ruling, saying it's "a political farce made under the pretext of law."

Chinese Foreign Minister Wang Yi stated that this action goes against the agreement previously made between China and the Philippines to resolve disputes through bilateral negotiations and violates the commitment the Philippines made under the Declaration on the Conduct of Parties in the South China Sea. Furthermore, China considers the ruling to be illegal, as the arbitration was carried out through improper procedures, misapplication of the law, and was based on flawed evidence and facts.

Ding said that by passing these two laws, the Philippines is engaging in what it calls a "cognitive warfare" strategy to confront China over the South China Sea issue, which will further limit the Philippines' ability to manage crises and effectively address disputes with China.